The Founding and the Constitution of Revolutionary America

The Founding and the Constitution of Revolutionary America State & Local From Confederacy to Federalism Ch. 3

Discussion The Setup What kinds of choices did the colonists have to make when a revolution was becoming real? Select 3 choices and discuss

For Discussions The founding of the nation involved choices & in fact reflected study of political choices Political, Economic, Question of allegiance to Crown? Religion? Groups included loyalists, revolutionaries & those in the middle. Who else? Personal choices? Anglican Church who would it show allegiance to?

Group Activity Divide class 3 ways Loyalists Revolutionaries Undecided Define what your label means to you Choose an economic/social/political class to which your group might belong What would be your personal interests at stake? Address the question of trust and distrusts What were some of the reasons to oppose/support the abolition of slavery at the time of ratification? Risks? Outright war, invasions, economic insecurity, Some might have become Canadians! What about international recognition?

What is a constitution? What purpose does it serve? Defines the relationship between citizen & the Gov Interest in creating effective gov Supreme law of the land

The Thirteen Colonies There were three types of colonies in North America: royal, proprietary, and charter The royal colonies were ruled directly by the English monarchy. The King granted land to people in North America, who then formed proprietary colonies. The charter colonies were mostly self-governed, and their charters were granted to the colonists

Declaration of Independence First constitution & Declaration of Independence came into being as a result of: Conflicts between Britain & Colonies Conflicts among competing groups within the colonies List single major reason for the discontent in the colonies

Colonists signing Declaration of Independence

Quick Highlights & Summary 1776-1777 Articles of Confederation First Constitution, was adopted in 1777 Under this arrangement, the central gov had little powers while the states retained significant powers As a result, 2 nd founding, the Constitution was introduced in 1787 Purpose To grant more powers to the Central gov Promote commerce Protect property from the state legislatures

Purpose cont d Established mechanism which would provide opportunity for popular consent for new governments New government would not threaten property rights & liberty Why was property right so important?

Answer Several of the founding fathers were also slave owners Slaves were considered properties

Political /Historical backdrop: Colonies as they existed before Independence Early settlers were a diverse bunch: Those looking for freedom from religious oppression Those escaping debts Others wishing to make money for their families back home Still others who came as free persons Those as indentured servants Others were escaping criminal past Few came with the idea of establishing self-government in the new world

Historical Backdrop 1607-1776 1607: Settlers of Jamestown established first representative assembly in America 1620: Pilgrims who arrived at Plymouth, Mass. drew up the Mayflower Compact Dedicated themselves to some kind of civil body politick in the presence of God & one another

Great distance between the Crown colonies led to some sort of autonomy which soon led to conflict with Great Britain Served in the interests of the soon to break away colonies 1774: Colonies established the Continental Congress to organize their efforts towards self gov 1776: Conflict between Crown & colonies grew & in 1776 the Congress adopted the Declaration of Independence

Six years of war ensued; Britain surrendered 1781: Continental Congress introduced & ratified the first constitution, even before the war ended Articles of Confederation formed among the states. Called a league of friendship Permitted each state to retain its sovereignty & independence Very early on then we see the supremacy of the states over the central gov

Taxes & Colonial Interests: post 1750 Poor Economic conditions in Britain led to higher taxes & tariffs in colonies Crown felt that the colonies were not paying their fair share to maintain & defend them Groups in the colonies included: 1. New England Merchants 2. Southern Planters 3. Royalists holders of royal lands, licenses/patents 4. Shopkeepers, artisans & laborers 5. Small Farmers

Shifting political influences Radical forces of the shopkeepers & laborers began to gain political strength 1760 s - Stamp Act, Sugar Acts resulted in strong opposition from the Southern Planters & New England merchants who began splitting away from the other elite groups They sought support from shopkeepers, laborers, artisans

Competing interests among the groups Resulted in organized demonstrations & boycott of British imports Successful in forcing British to rescind their taxes Having won their day, this group ( Southern Planters & NE Merchants) returned to supporting the Crown Also supported British soldiers during upheavals of the Boston Massacre

But the new found strength of the shop keepers, artisans, laborers, small farmers became a real threat to the elites as well as the crown. Samuel Adams took up the cause of the radicals Radicals claimed that the British supported an unjust social & political structure in the colonies

Boston Tea Party 1773 Colonial merchants felt disenfranchised & began agitating against Britain Aggravated when British gov granted an export monopoly of tea to the East India Co, 1773 Boston Tea Party led to even stricter reactions from Britain which further alienated & radicalized the colonists Resulted in assembly of delegates from all parts of the colonies- First Continental Congress- 1774 That led to Declaration of Independence

Declaration of Independence 1776 2nd Continental Congress appointed reps from across the colonies to draft a declaration of Independence Members included: Thomas Jefferson, Benjamin Franklin, Roger Sherman, John Adams & Robert Livingston Jefferson drafted the Declaration of Independence, famous for its call for something called unalienable rights Advocated life, liberty & pursuit of happiness which could not be curtailed by gov Appeared to appeal to sense of national unity

Challenges facing National Gov under new arrangement Articles of Confederation established a Congress a legislative body with 1 house in which each state had 1 representative No executive of judicial branch Congress was very limited in its powers Leader feared granting too much powers to a central authority based on their own experience with a colonial authority

Challenges Concerned about their liberty & independence, hence a decentralized form of gov was devised Society largely agrarian which suffered a depression after the war of independence They felt that they could obtain support from the state gov instead of a distant central gov Citizens identified more with their local states

Conflicts: Agrarian vs. Business elites Bankers, manufacturers, merchants were unhappy with Articles of Confederation Planned on a commercial empire instead of an agrarian society They envisioned national & international trade Required national laws, stable currency, credit, banking systems, system of debt collection, etc. Needed a strong central gov which would safeguard them against debtors

Absence of military After the war, military was disbanded No military to protect against hostile forces Britain maintained forces in Midwest & Canada Spain occupied California & Florida & controlled the Mississippi River, hence movements & trade North African pirates (Barbary pirates Tunisia, Morocco, Libya) posed significant threat on the high seas Estimated that there were over 1 million sailors captured

Congress could not raise monies for an army, nor could it draft individuals directly Congress was subservient to the states & they were not always sympathetic to its demands Without an army, Congress could not force the British military out, or assert its movements along the Mississippi River The Articles of Confederation did not provide means to deal with foreign threats or domestic crises Congress could not directly impose or collect taxes The hands of Congress were tied in several ways

First written constitution: Article of Confederation 1777 & ratified 1781 After declaring independence, the Continental Congress adopted the Articles of Confederation & Perpetual Union Basis of America s national government until 1789 Led to a confederate form of gov. How was it defined? Little power to central gov- Congress Congress comprised of reps. from the states, which paid their salaries & could recall them at will No president at that time

Highlights & Summary of Constitution- 2 nd founding Constitution was signed by 39 of the 55 delegates on September 17, 1787 2nd Founding: from Compromise (1777-1781) to Constitution 1787 Temporary unity was secured Gov could focus on commerce, protecting property rights, promote the constitution

Agreement led to Bicameralism Congress comprises of 2 houses/chambers Checks & balances: e.g. Prez Veto power, Senate to approve presidential appointments Electoral College: President elected by electors (instead of directly by voters) from each state who meet after general election to cast ballot for prez. Bill of rights (First 10 amendments to constitution ratified in 1791)

Federalism introduced System of gov in which power is divided between central & regional gov How is it different from a confederate form of gov?

The 7 articles of the Constitution 1791 Legislative Branch: 2 chambers Executive Branch: President Judicial Branch: The Courts National Unity & Power Amending the Constitution National Supremacy Ratification

Legislative Branch, now Bicameral Article 1 of the Constitution Congress: House of Reps Directly elected every 2 years/responsible to the people Responsible for tax collection, commerce, declaration of war, maintaining navy & military Senate (initially elected by House of Reps) Changed by 17th Amendment in 1913 Voted directly by people for 6 year terms Staggered terms Senate approves Prez s appointments, ratifies treaties

The Executive Branch Article 2 of the Constitution Introduced office of Presidency/Commander in-chief Framers wanted an executive who would not be hampered by voters or the checks & balances of the three branches of gov Limited to 2 four year terms (introduced later), & would; Recognize other countries Negotiate treaties Grants pardons Convenes Congress in special sessions Veto rights over Congressional bills

The Judicial Branch Article 3 of the Constitution Created the highest court of the land, Supreme Court justices are life time appointments Appointed by the Prez. & approval of the Senate Power to resolve disputes between federal & state laws Interpret laws of the land

Judiciary cont d. Reviews Lower courts decisions Determine whether power belongs to central gov or state gov Rule on controversies between citizens & states Nothing on judicial reviews in the constitution, ie. the power of the court to render decisions of legislative and executive branch unconstitutional

National Unity Power Article 4, referred to as Full Faith & Credit Clause Each state is obliged to honor certain decisions made in other states: e.g. Marriage Privileges & Immunity Clause aka Comity Clause A state cannot discriminate against citizens from another state, or grant more privileges to its own citizens Guarantee of reciprocity among states: each state to give faith to official acts of other state No matter which state you are in your rights are guaranteed the same as every other American

Supremacy Clause Article 6 Laws passed by the national gov are superior over those of any state

Amending the Constitution Article 5 27 amendments to date, 10 being the original Bill of Rights Not easily accomplished Requires 2/3 approval by Congress, & Ratification by ¾ of the states

Ratifying Constitution Article 7 9 of the 13 founding states would need to ratify

Constitutional limits on national Gov power Constitution assigns power to national gov as well as to safeguard & restrain those powers Three limitations: a) Federalism: Created 2 sovereign powers: the states & the nation, with greater power assigned to the national gov b) Separation of Powers: Power is balanced between 3 branches- check & Balances Each branch is assigned power, but the constitution assigns some of the powers of each to the other c) Bill of Rights: First 10 amendments to the Constitution were adopted to limit national power & protect citizens

Fight for Ratification was a fight between two camps: Federalists & Anti-federalists Federalists Supported the Constitution at 1787 Convention More nationalists who wanted a strong national gov Anti-Federalists Opposed the Constitution at the Convention Wanted a federal gov with more decentralized powers A time of great debates - opposing principles & philosophies Feds: individuals like James Madison, Alexander Hamilton Anti Feds: Robert Yates They disagreed on the following:

Issue of Representation Anti- feds wanted reps which reflected true picture of the people Feds argued that the reps don t have to be exactly like those represented That they should have superior qualifications to the people-elitist approach. Similar discussions continue today

Issues of Tyranny of the Majority Feds recognized the risk of tyranny by the majority Anti-feds argued against tyranny by the few over the majority

Issue of Gov powers Each side agreed that there should be limited powers of the gov Feds supported broad powers by the national gov to protect the people & believed that the Constitution had sufficient checks on such powers Anti-feds felt that the national gov was given too much powers over states & people & wanted those powers to be enumerated Anti feds wanted a bill of rights to place limits on gov power Feds rejected it

Reflections on the Founding Feds more or less won the day, but they had to adopt the Bill of Rights to limit gov powers Bill of Rights were introduced by James Madison

Constitutional Convention 1787 2nd Founding: Compromise to Constitution Under Confederation it soon became clear that congressional powers were not strong enough to maintain national unity Confederation was not recognized internationally Colonies were not capable of defending themselves from external threats Virginia legislature invited other states to address weakness of the confederate gov 5 States met in Annapolis Convention (Maryland)1786 & decision was made to pursue constitutional revisions Planned to meet in Philadelphia 1787

Constitutional Convention May 1787, Philadelphia Continuing instability resulted in the Second Founding Marriage of philosophical principles & interests Resolve to protect property rights

Critical Factors i. Anti Federalists vs. Federalists Struggles between Anti-federalists who felt that too much powers were being given to the new gov &, Federalists who supported the constitution & wanted its ratification America was a colony under Britain & its struggle to separate from Britain was reflected in the ratification of the American Constitution of 1787 George Washington, considered the father of the country, was assigned the task of presiding the 1787 Constitutional Convention in Philadelphia Other remarkable Americans such as Benjamin Franklin were in attendance & lent credibility

Constitution proved to be enduring & a model for the rest of the world Constitution was a process of bargaining & compromises. This tradition still continues today While many Americans today look towards the Constitution & founding fathers with much respect & reverence, there were also a lot of self- interests at work

ii. Shay s Rebellion 1787 Resulted in need by states to push for the Philadelphia Convention Daniel Shay led a rebellion of farmers against gov of Massachusetts because their farms were threatened with foreclosures

iii. Liberty, Equality & Democracy These important ideals were also competing values: Too much equality& democracy might mean sweeping changes in society Remember that slavery was very much accepted as legal & societal practices Competing struggles between different interests in the colonieseconomic, political & between the 5 interest groups: New England merchants Southern Planters The Royalists - holders of land, titles and business licenses Shopkeepers, laborers & craftsmen Small farmers

Questions Whose voices were missing? Women, slaves, First nations people Major concerns included taxation, trade & commerce between the groups, but there was unity amongst the Southern planters, New England merchants & Patent holders These considered themselves the elites of the colonies Define elite

Elites Class or group of people who are separated by social, economic & political status, hence considered a superior class They were in direct opposition to the shopkeepers, laborers & small farmers Are there elites in America?

The Great Compromise: Randolph of Virginia & the Virginia Plan Vs Peterson of New Jersey

Great Compromise Randolph proposed new gov with representation to the national legislature based on population of each state. Would result in unequal representation & give advantages to larger states Peterson of New Jersey & the New Jersey plan proposed equal representation by the states, regardless of their population Feelings of opposition on both sides were heated and could have led to a dissolution of the confederation

Great Compromise Prominent figure such as James Madison of Virginia, had studied the gov of other countries, drafted a plan which set the dominant tone He became known as the father of the American Constitution Despite disagreements, they agreed that the gov would be a republic form of gov which would derive its powers from the people it represents, & accountable to the people An indirect democracy in which some of the representatives are directly voted

Great Compromise They agreed that the national gov should be stronger, but with certain checks & limitations They decided that the national gov would consist of 3 branches: A legislative Executive & Judicial Each granted separate powers

Unresolved areas Other areas of contention remained: Representation Slavery Trade & Taxation

Representation Congress / legislature would consist of 2 houses: Bicameral House of reps. based on population of each state Senate in which each state would have 2 reps regardless of size

The Great Compromise & 3/5th Compromise Staved off continued rivalry between N & S states Question of Slavery was one of the single most challenging conflicts & had to be resolved if the Constitution was to be ratified Greatest Compromise: North conceded much to the South so as to gain control over shipping & commerce The 3/5th Compromise: 5 slaves would count as 3 in order to calculate the state s representation in Congress. Each slave would be counted as 3/5 of a person

Why was the question of slaves important? Dominant slave states? Georgia NC, SC, Maryland, Virginia. 3/5th Compromise actually institutionalized slavery In several slave owning states the pop. of the slaves outnumbered the non-slave pop, Also the early divisions between North & South were becoming evidentdivision based on geography This compromise gave the Southern states more representations in the House of Representative & a upper hand in selection of president By 1860 9 of the 15 presidents were slave owner Also put in place was the Retrieve Fugitive clause

Trade & Taxation This too hinged on the issue of slavery & the North vs. the South North sought protection for their businesses by seeking taxes on imported & exported goods South opposed taxes on exports because it would leave them uncompetitive Agreement that only imported goods would be taxed Later this would be a big issue in the civil war

Features of the Constitution: Republic Distinction between Republic & a direct Democracy Founders chose a republic form of gov which was an indirect democracy Permits citizens to vote for representatives who make decisions/policies Founders felt that a direct democracy could not sustain itself in a diverse & large country Introduced the concept of the Electoral College whereby the president is elected by reps of the people Founders distrusted mass popularity as a means of good gov

Features of the Constitution: Fragmentation of Power Founders believed that while they concentrated the powers of the national gov, they had to place checks/limitations on those powers They felt that human nature was prompted by greed, selfishness & lust for power Hence they fragmented powers by introducing Federalism as opposed to a unitary state Separation of powers Checks & balances

Federalism: shared power between central & state gov Many countries at that time were designed along a unitary system of gov At the time of the Article of Confederation the arrangement was a confederate which granted considerable powers to the state gov Founders under new arrangement wanted to balance the powers Granted each state 2 Senators regardless of size or population This was also an effort to balance powers between the states & protect the smaller states from being overwhelmed/bullied by the larger ones

Separation of Powers At national level the separation of powers was introduced by the creation of 3 branches: Legislative Executive & Judiciary Unlike the parliamentary system of modern democracies, no clear separation of powers The exec & judiciary branches are drawn from the legislative Initially House Reps were directly elected by the people Senators appointed were by the State legislators Electoral College selected by the states Electoral College elected the president Judges appointed by the president for life

17th Amendment altered the following; Senators to be elected by people Electors of the Electoral College to be elected by the people Office terms were staggered Much of this is credited to Madison s concept of separation of powers

Checks & Balances Another feature introduced by Madison s concept was Checks & Balances Separate powers but competing powers Eg. Congress makes laws, but President can veto The court can rule the decision unconstitutional Senate can reject President s appointments While each branch has its sphere of powers, the other branches have powers to step into the sphere of the other

Undemocratic Features Constitutional agreements left several unresolved issues which would need to be sorted out by later governments & Americans Question of slavery Right to vote for certain segments of society. Who were they? Popular vote can be ignored when selecting a president Disproportionate powers to small state by granting 2 senate seats to every state, regardless of size

Motives of the Founders The new immigrants to America were diverse & came for different reasons But the majority opposed too much gov presence in their lives Several opposed gov because it meant higher taxes on their profits

Philosophical ideas which influenced Founders Founders were highly educated men & shared ideals from the Enlightenment period which emphasized reason & debates above religious arguments to resolve conflicts Conversant with reasons for gov failures in other societies as well as having a global awareness- mostly sense of European societies, which they considered as civilized John Locke, British philosopher who argues that every citizen has natural rights vested by God influenced the Founders thinking One of those rights is right to property, an idea which appealed to many because they saw a opportunity to grow their own wealth

Another idea that Locke put forward dealt with people coming together to form a gov through a social contract which would provide limited gov Role of gov was to provide protection of its people but not to become so strong as to threaten their rights Locke also believed in majority rule Charles de Montesquieu, a French philosopher, influenced the debates with his refined concept of separation of powers Newton also influenced the process with his mechanical ideas of each part having a different function, but each also required to balance each other; hence checks & balances

Political Ideas Founders might have been intellectuals & impressed by European philosophers, but they were also shrewd & seasoned politicians Had to sell to their respective states their agreements so they negotiated & made compromises, etc. 8 had signed the Declaration of Independence 39 had served in Congress 7 had been governors

Economic Interests Many were also part of the elite class & wanted to protect other elites whom they represented Included shippers, manufacturers, planters, property owners, lawyers Only 1 farmer was in the lot So property protection & increase personal wealth were foremost on their minds They were fearful of populism; that too much democracy would put pressure on gov to tax the wealthy & share with less wealthy In the end the 3 factors: Philosophy, Political & Economic influences were all forces which influenced the process

Ratification of the Constitution The Framers were aware of the possible oppositions from different states & segments of society which perceived a power shift in favor to the national gov Hence they astutely introduced languages such as Federalists & Anti-Federalists describing those who supported & who opposed the new arrangements

Changing the Constitution Although the Framers expected that the Constitution would last, they recognized that there may be need for amendments They introduced mechanisms for change The Citizen s Role & the Changing Constitution: Difficult to amend

27 0ver 200 years Over 200 years Between 1789-1996, of the 11000 submitted, only 27 were ratified Madison proposed 12 of which 10 were ratified in 1791 Only 15 adopted since 1791 & since Civil War 1868 27 amendments to date (10 of which were the original lst. Amendment introduced by Madison in 1789)

Ways to amend? i) Formally by amendment ii) Informally by judicial interpretation iii) Political practice

By Amendment Not easy to accomplish Requires 2/3 approval by Congress & Senate Ratification by ¾ of the states One exception: the case of equal Rights Amendment ERA 1971 Received 2/3 majority by the House but did not receive ratification by 38 states

Bill of Rights: First Amendment proposed by Madison Ist. Freedom of speech, press, assembly, & religion 2nd. Right to bear arms to form a militia 3rd. Right not to have soldier quartered in one s home during peace time 4th. Protection against unreasonable searches & seizures (those accused of crimes) 5th. Protection against self-incrimination & guarantee to due process of law 6th. Right to counsel & jury in criminal cases 7th. Right to jury trial civil cases 8th. Protection against excessive fines, bails & unusual punishment 9th. Granting powers beyond those listed above 10th. Reserving powers to states not granted the national govt. Last (introduced by Madison in 1789 with no time limits) & 27 Amendment was ratified in 1992 by Michigan

Amendment by Judicial Measure Judicial Branch steps in when: Disputes arise & When interpretations are required Hence this branch can informally introduce changes to the Constitution

Amendment by Political measure Two historical events which significantly transformed Constitution are: Great Depression in 1929 New Deal 1933 These 2 events introduced the national gov in a more pervasive way & increased its powers over the states significantly Initiatives by FDR to improve economy & relieve harsh consequence of a failing economy Introduced sweeping initiatives, NEW DEAL, which strengthened the hands of the national gov

Political Measure Initially several legislations were reversed by supreme court, but after FDR s popular re election in 1936, court did an about face This paved the way for major changes to the constitution without going the formal Amendment routes Gave national gov right to regulate businesses Federal bureaucracy expanded across the country as national gov opened employments to citizen

Conclusion US has the oldest Republic, oldest democracy & oldest system of federalism It s features: A structure of gov with separation of powers Checks & balances Indirect president election provide for a complex form of gov Voters can elect some representatives, but not all At the time of founding several areas were left for future gov to resolve: Slavery Women s rights

Conclusion Fragmented powers so that a single group cannot control entire gov; Exceptions seen during Vietnam & Iraq wars Overlapping of powers permits each branch to act on any issue (no one branch monopolizes) This advantage also can cause one branch to be obstructive System works best by consensus & compromise Risk of things moving slowly

What do you understand by Confederation? An arrangement whereby certain limited powers are assigned to the national gov States retain sovereignty rights over their affairs, except for powers delegated to national gov What powers were vested in the Congress?

Bicameral Articles of Confederation Bill of Rights Checks & Balances Electoral College Great Compromise 3/5 th. Compromise Shay s Rebellion Supremacy Clause Second Founding Amendment Key Terms